[Congressional Record Volume 143, Number 152 (Tuesday, November 4, 1997)]
[Senate]
[Pages S11705-S11706]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              BATTLE OF MIDWAY NATIONAL MEMORIAL STUDY ACT

  Mr. BENNETT. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of calendar No. 228, S. 940.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 940) to provide for a study of the establishment 
     of Midway Atoll as a national memorial to the Battle of 
     Midway, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited the ``Battle of Midway National 
     Memorial Study Act''.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) September 2, 1997, marked the 52nd anniversary of the 
     United States victory over Japan in World War II.
       (2) The Battle of Midway proved to be the turning point in 
     the war in the Pacific, as United States Navy forces 
     inflicted such severe losses on the Imperial Japanese Navy 
     during the battle that the Imperial Japanese Navy never again 
     took the offensive against the United States or the allied 
     forces.
       (3) During the Battle of Midway on June 4, 1942, an 
     outnumbered force of the United States Navy, consisting of 29 
     ships and other units of the Armed Forces under the command 
     of Admiral Nimitz and Admiral Spruance, out-maneuvered and 
     out-fought 350 ships of the Imperial Japanese Navy.
       (4) It is in the public interest to study whether Midway 
     Atoll should be established as a national memorial to the 
     Battle of Midway to express the enduring gratitude of the 
     American people for victory in the battle and to inspire 
     future generations of Americans with the heroism and 
     sacrifice of the members of the Armed Forces who achieved 
     that victory.
       (5) The historic structures and facilities on Midway Atoll 
     should be protected and maintained.

     SEC. 3. PURPOSE.

       The purpose of this Act is to require a study of the 
     feasibility and suitability of designating the Midway Atoll 
     as a National Memorial to the Battle of Midway within the 
     boundaries of the Midway Atoll National Wildlife Refuge. The 
     study of the Midway Atoll and its environs shall include, but 
     not be limited to, identification of interpretative 
     opportunities for the educational and inspirational benefit 
     of present and future generations, and of the unique and 
     significant circumstances involving the defense of the island 
     by the United States in World War II and the Battle of 
     Midway.

     SEC. 4. STUDY OF THE ESTABLISHMENT OF MIDWAY ATOLL AS A 
                   NATIONAL MEMORIAL TO THE BATTLE OF MIDWAY.

       (a) In General.--Not later than six months after the date 
     of enactment of this Act, the Secretary of the Interior 
     shall, acting through the Director of the National Park 
     Service and in consultation with the Director of the United 
     States and Wildlife Service, the International Midway 
     Memorial Foundation, Inc. (hereafter referred to as the 
     ``Foundation''), and Midway Phoenix Corporation, carry out a 
     study of the suitability and feasibility of establishing 
     Midway Atoll as a national memorial to the Battle of Midway.
       (b) Considerations.--In studying the establishment of 
     Midway Atoll as a national memorial to the Battle of Midway 
     under subsection (a), the Secretary shall address the 
     following:
       (1) The appropriate federal agency to manage such a 
     memorial, and whether and under what conditions, to lease or 
     otherwise allow the Foundation or another appropriate entity 
     to administer, maintain, and fully utilize the lands 
     (including any equipment, facilities, infrastructure, and 
     other improvements) and waters of Midway Atoll if designated 
     as a national memorial.
       (2) Whether designation as a national memorial would 
     conflict with current management of Midway Atoll as a 
     wildlife refuge and whether, and under what circumstances, 
     the needs and requirements of the wildlife refuge should take 
     precedence over the needs and requirements of a national 
     memorial on Midway Atoll.

[[Page S11706]]

       (3) Whether, and under what conditions, to permit the use 
     of the facilities on Sand Island for purposes other than a 
     wildlife refuge or a national memorial.
       (4) Whether to impose conditions on public access to Midway 
     Atoll as a national memorial.
       (c) Report.--Upon completion of the study required under 
     subsection (a), the Secretary shall submit, to the Committee 
     on Energy and Natural Resources of the United States Senate 
     and the Committee on Resources of the House of 
     Representatives, a report on the study, which shall include 
     any recommendations for further legislative action. The 
     report shall also include an inventory of all known past and 
     present facilities and structures of historic significance on 
     Midway Atoll and its environs. The report shall include a 
     description of each historic facility and structure and a 
     discussion of how each will contribute to the designation and 
     interpretation of the proposed national memorial.

     SEC. CONTINUING DISCUSSIONS.

       Nothing in this Act shall be construed to delay or prohibit 
     discussions between the Foundation and the United States Fish 
     and Wildlife Service or any other government entity regarding 
     the future role of the Foundation on Midway Atoll.

  Mr. BENNETT. Mr. President, I ask unanimous consent that the 
committee substitute be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee substitute was agreed to.
  Mr. BENNETT. Mr. President, I ask unanimous consent that the bill be 
considered read a third time and passed, the motion to reconsider be 
laid upon the table, and that any statements relating to the bill 
appear at the appropriate place in the Record.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  The bill (S. 940), as amended, was read the third time and passed.

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